TMI Blog1997 (3) TMI 599X X X X Extracts X X X X X X X X Extracts X X X X ..... unanimous opinion of the three learned Judges of this Court on this aspect. It is true that the Division Bench of the High Court had granted the relief not only to the four review petitioners/writ petitioners but to all the candidates falling in that category yet we cannot ignore the fact that even Sahai, J. who agreed with the review petitioners on the first issue, thought it just and proper not to disturb the inter-se seniority between these two groups of selected candidates. The said seniority was determined by the selecting Authority. Though certain allegations are made with respect to the fairness of the process of selection, that issue is not open in these review applications nor was it gone into by this court in the civil appeals. - R.P.(C) 600 OF 1993 - - - Dated:- 10-3-1997 - B.P. JEEVAN REDDY, S.B. MAJMUDAR AND S. SAGHIR AHMAD, JJ. JUDGMENT B.P. JEEVAN REDDY, J. These two review applications are filed by the respondents in Civil appeal Nos. 5407-5408 of 1992 decided on February 18, 1993 (reported in 1993 Suppl.(2) S.C.C. 611). On January 9,1982 an advertisement was published inviting applications for appointment to the post of Junior Engineer in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ters patent appeal which was allowed by a Division Bench on 13th December, 1991. The Division Bench held that the 33 respondents could not have been allowed to appear in the interview for the reason that they had not acquired the requisite academic/technical qualification by the prescribed date. The Division Bench, however, thought it just and proper to direct that while the appointment of the said 33 respondents be not set aside, they should be treated as qualified by the prescribed date. In other word, the candidates who were not qualified by the prescribed date (15th July, 1982) were treated as Juniors en bloc to the candidates who were fully qualified by the prescribed date and were selected. It may be mentioned that all the 33 respondents were impleaded as respondents both in Writ Petition No. 483 of 1983 as well as in the Letters Patent Appeal. The 33 respondents filed civil Appeal no 5407 of 1992 in this Court, while the State of Jammu and Kashmir filed Civil appeal no. 5408 of 1982 questioning the decision of the Division Bench aforesaid. The appeals came up for hearing before a Bench comprising Dr. T.K. Thommen, V. Ramaswami and R.M. Sahai, JJ. There was a difference of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts. We are, therefore, not inclined to permit them to put forward new facts or issues before us. The Review Petitions are admitted confined to the following two issues. (1) Whether the view taken by the majority (Hon ble Thommen V. Ramaswami, JJ) that it is enough for a candidate to be qualified by the date of interview even if he was not qualified by the lasts date prescribed for receiving the applications, is correct in law and whether the majority was right in extending the principle of Rule 37 of the public Service Commission Rules to the present case by analogy? (2) Whether in the facts and circumstances of the case, would it not be just to restore the direction of the Division Bench with respect to the inter se seniority between the two sets of candidates, namely those who were qualified as on the last date for receiving applications and those who were not so qualified. In other words, the question is whether the direction of the Division Bench to treat the candidates who were not qualified by the lasts date of receipt of applications as juniors, as a class, to those who were qualified, was not a just one ? Notice of theses Review ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bench of the High Court) was right in holding that the 33 respondents could not have allowed to appear for interview. Mr. Rakesh Dwivedi, learned counsel for the 33 candidates, submitted that these 33 candidates had appeared for the B.E. Examination prior to their applying for the post and that there was some delay in publishing the results and that these respondents cannot be punished for the delay on the part of the concerned authorities in publishing the results. In our opinion, the said contention is beside the point. In these proceedings, we cannot examine the reasons for delay - assuming that there was delay in publishing the results. That issues is outside the purview of the write petition. Whatever may be the reason, the 33 persons were not qualified as on the prescribed date and, there fore, could not have been allowed to appear for the interview. on the first issue (mentioned in the order dated 1st September, 1995), therefore, we hold in favour of the review petitioners, affirming the opinion of Sahai, J. The question then arises as to the relief to the granted in these review applications. Mr. R.K. Jain , Learned counsel for the review petitioners, says that the neces ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... able. Having given our anxious and earnests consideration to the question and keeping in view the fact that we are sitting in review jurisdiction and that this particular aspect is a matter lying within the discretion of the Court, we do not think it appropriate to interfere with the unanimous opinion of the three learned Judges of this Court on this aspect. It is true that the Division Bench of the High Court had granted the relief not only to the four review petitioners/writ petitioners but to all the candidates falling in that category yet we cannot ignore the fact that even Sahai, J. who agreed with the review petitioners on the first issue, thought it just and proper not to disturb the inter-se seniority between these two groups of selected candidates. The said seniority was determined by the selecting Authority. Though certain allegations are made with respect to the fairness of the process of selection, that issue is not open in these review applications nor was it gone into by this court in the civil appeals. For the above reasons, these review petitions are dismissed subject to the clarification on the legal issue, viz., Issue No. 1 mentioned in our order dated Septembe ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
